Truck Accidents

12 Steps to follow at a truck accident scene

Now that you’ve been involved in a motor vehicle accident you need to take certain steps in order to make sure you have the best chance at recovery. Here are some important steps to follow:

Assess the situation. You may be involved in an accident that requires you to pull over to the side of the road, if your vehicle is in the proper condition to move, so that you’re in a safer location and minimize the risk of being in another accident.

Call 911. You want to have police and emergency medical services (EMS) come to the scene to make a record of the accident and more importantly to provide you medical assistance. After your accident you may not immediately feel your injuries as your adrenaline has kicked in. Between that and the shock of the situation you want to make sure a trained medical professional examines you. You may not know it but you may require a hospital visit to rule out any immediate life threatening injuries such as head trauma, internal bleeding, spinal injuries, etc.

Obtain the information for all the vehicles involved including:

• License plate number
• Driver’s license of the operator
• Vehicle registration

• Insurance information
• Year, make, model, and color of the vehicles involved

Take photographs of the accident scene and the vehicles involved in the accident.

Report the accident to your insurance company.

Who will pay for my medical treatment?

With the current state of the healthcare system as an injured individual you need to make sure you have insurance coverage so as not to fall into tremendous medical debt. It is important to have your medical benefits opened within thirty (30) days of your accident. New York State requires motor vehicles to carry $50,000 in PIP (Personal Injury Protection) coverage. Also known as No-Fault, the insurance policy of the vehicle you are occupying is where your coverage for your medical treatment will come from. There are policies that have APIP (Additional Personal Injury Protection) which goes beyond the mandatory $50,000 coverage but may become a lien against your recovery.

There are policies that have APIP (Additional Personal Injury Protection) which goes beyond the mandatory $50,000 coverage but may become a lien against your recovery. You need a knowledgeable law firm to make sure the proper paperwork is filed with the insurance company so that you are afforded medical benefits. As an injured person with all the hardships that come with it, you shouldn’t have to worry about how your medical bills are being covered.

Who will cover my lost wages?

Car accidents can cause injuries that may cause you to miss time from work. You’ve already suffered physical trauma, now you have to deal with the financial hardship of not being able to work. You need a law firm that has the knowledge to file the proper paperwork with your No-Fault carrier in order to obtain list wages. Additionally, you need a law firm that will help you with the supporting medical documentation you need to provide the No-Fault carrier. It is crucial that you as an injured person obtain all the benefits afforded to you to make your life easier during this hardship.

What happens if there is a question of who’s responsible for the accident?

Unfortunately, car accident victims are under the impression that if there is a question of who is responsible or if the adverse vehicle is not 100% responsible, they cannot recover.  New York is a comparative negligence state. That means that a car accident victim can recover even if the other vehicle isn’t 100% responsible. There are a wide variety of reasons an accident happens. In 2020 according to NYPD TrafficStat the most common reason for an accident was driver inattention/distraction. Following driver inattention/distraction the next most common reasons were drivers following too closely, failure to yield right-of-way, improper passing or lane usage, passing too closely, backing unsafely, unsafe lane change, unsafe speed, driver inexperience and other. You need a law firm that will fight for you and do everything possible to hold the other vehicle or vehicles responsible for the accident. Determining who’s at fault is an important part of the process in order to make sure you receive the most compensation for your injuries.

How long do I have to bring a claim or lawsuit?

Time limits are crucial when determining a motor vehicle claim. A car accident in New York with a private non municipal vehicle is a three (3) year statute of limitations to bring a lawsuit. That means that you have to commence a lawsuit within three years of the date of the accident. That doesn’t mean that you should wait three years to bring your lawsuit. As you wait longer and longer people’s memories get worse. Witnesses may become less reliable. Details are harder to remember. You don’t want to prejudice your case by waiting. It’s important to consult an experienced well versed attorney as soon as possible.

What are the causes of truck accidents?

A truck accident can occur due to a variety of reasons and the result can be devastating.

• Driver fatigue—Truck drivers especially those that do long hauls are on the road for extended hours. They have a deadline by which they have to deliver their haul and that may require hours and hours of driving without rest. As a result of these long hours, truck drivers may become less aware of their surroundings, slowed reaction time and a general decrease in driving ability. There are specific rules that govern how long a truck driver may drive continuously but due to tight schedules, truck drivers may ignore the rules and the outcome can be catastrophic.

• Failure to maintain the truck in proper working order—Truck drivers and owners have a duty to maintain their truck in proper working condition. A common issue among truck accidents is brake failure. Improperly maintained brakes impair the ability of the truck to slow down and stop causing devastating results.

• Careless driving—Similar to smaller motor vehicles, truck drivers may be tempted to speed, run through red lights, change lanes improperly, etc. All of these factors are in violation of the applicable vehicle and traffic law and the result can be horrific.

• Improper loading of the truck—The main purpose of the truck is to transport cargo. If that cargo is not loaded properly in the truck it can affect the way the truck maneuvers and stops. If the cargo is too heavy or not balanced, it may impair the truck’s ability to slow and stop or cause the truck to overturn during a turn. 

• Alcohol consumption—As with smaller motor vehicle accidents, alcohol consumption impairs your ability to drive. When it comes to large trucks, whether an 18 wheeler or semi-truck it takes a tremendous amount of concentration to properly operate. Under the influence of alcohol a truck driver loses that concentration and the results are devastating.